Registration Act, 1908, Section 32 -- Sale deed - Registration - Presence of purchaser at the time of registration of sale deed - Execution of sale deed not disputed - Sale deed not falling within Ss.31, 88 and 89 of the Act - There is no necessity of presence of purchaser at the Registration Office during registration of sale deed...........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Readiness and willingness - Once defendant nos.2 & 3 have gained knowledge of fact that plaintiff no.2 & 3 are actual intended purchasers and thereafter applied for getting permission to sell in their..........
Agreement to sell -- Subsequent bonafide purchasers - Subsequent purchasers had no relationship with vendor or co-vendors - No evidence on record that co-vendor ever challenged sale deed in favour of subsequent purchasers - Subsequent purchasers had no knowledge of agreement to sell in favour of plaintiff before execution of sale deed in their favour - Payment of sale..........
Agreement to sell -- Specific performance - Plea of hardship - Defendants after taking earnest money, had put said amount in Bank Account - Therefore, defendant No.1 was not under any pressing necessity or any personal hardship at the time of execution of alleged agreement to sell - More so, defendants were selling land in the village as well in other village, there is..........
Indian Contract Act, 1872, Section 56 -- Frustration of contract - Agreement to sell - Specific performance - Defendant contended that process of acquisition of suit land is initiated - However, trial Court already passed the decree for execution of sale deed in favour of plaintiff - At that time there was no notification for acquisition of land in question - Notification..........
Transfer of Property Act, 1882, Section 109, Registration Act, 1908, Section 47 -- Eviction suit - Original landlady executed sale deed in favour of plaintiff - Suit filed after registration of sale deed - Defendants have full knowledge of execution of sale deed in the light of provision of S.47 of Registration Act r/w S.109 of T.P Act, therefore, relationship of landlord..........
Evidence Act, 1872, Section 68 -- Sale deed - Execution of sale deed never denied - S.68 of the Act not applicable to prove sale deed...........
Agreement to sell -- Specific performance - Sale of property to third person - Plea of bona fide purchaser - Agreement to sell in favour of plaintiff by defendants Nos.1 and 2 brothers - Defendant No.1 alone thereafter executed sale deed of half of suit property in favour of defendant No.3 - There was no partition in between defendant Nos.1 & 2 - Witness of sale deed in..........
Mohammedan Law -- Gift deed - Registered gift deed in favour of respondent prior in time to sale deed executed in favour of petitioners relating to same property without setting aside said gift deed - Execution of said sale deed by executor of gift deed is beyond his capacity to execute - Gift deed is genuine document and thus, valid - Petitioners are open to assail deed..........
Agreement to sell -- Specific performance - Readiness and willingness - Execution of sale deed not in dispute - However, there is no receipt of balance sale consideration in the sale deed - It is nowhere mentioned by plaintiff even in his plaint, that pursuant to receipt of reply to legal notice, plaintiff was ready and willing to get sale deed executed by paying entire..........
